Mokpo Law Office Assistance Case | Securing Decisive Evidence of a Sham Divorce and Concealment of Assets

The client had cohabited with Mr. A on the premise of marriage, and became pregnant and gave birth, but soon afterward learned that Mr. A was already married.

Mr. A ignored the client, who was going through a difficult time, and even forced her to raise the child entirely on her own.

The client later filed a 🔗child support claim lawsuit against Mr. A and won, but Mr. A refused to comply.

Unable to wait any longer, the client attempted compulsory execution, but only about 500,000 won remained in Mr. A's account, making any meaningful resolution difficult.

The client learned that Mr. A had divorced his former spouse and received an apartment as a gift, and so filed a 🔗lawsuit to revoke a fraudulent act, but the case was ultimately dismissed.

The client concluded that she needed the help of an expert who could trace the suspected sham divorce and concealment of assets by Mr. A.

She came to the Mokpo attorney to gather as much valid evidence as possible through the law office's systematic evidence-gathering process.

A fraudulent act is established only when certain conditions are met.

The requirements for a fraudulent act to be established are as follows.

If a fraudulent act is found to be established, a person may be punished under the following provision.

Article 327 of the Criminal Act

A person who, for the purpose of evading compulsory execution, conceals, damages, or fraudulently transfers his or her property, or assumes a false debt, harming a creditor, shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won.

Accordingly, one should note that an act amounting to a fraudulent act may be punished severely under the law.

Working with the evidence-gathering group, the Mokpo attorney obtained footage showing that the defendant did not go to the address of the apartment received as a gift from his former spouse, but instead returned after work to a studio apartment at a new address.

After confirming that the studio apartment was an old facility, the attorney concluded that it was highly likely the defendant was maintaining a sham residence there.

Concluding that the defendant may have set up a sham residence for the purpose of concealing assets, the attorney secured as much related evidence as possible.

The evidence-gathering group discovered the defendant heading to the apartment where his divorced former wife was living.

The group then secured CCTV footage capturing that scene and applied for preservation of the evidence.

Through this, it was confirmed that the defendant and his former wife were still in contact and that he frequently visited the apartment even after gifting it to her.

Such evidence could be used to clearly demonstrate the defendant's intent to conceal assets, and it was concluded that it could help establish whether a fraudulent act had occurred.

Resolving complex cases such as a sham divorce and concealment of assets calls for a systematic and professional evidence-gathering process.

While complying with legal procedures, one must secure as much necessary evidence as possible to steer the case in a favorable direction.

Daeryun uses state-of-the-art equipment to lawfully gather evidence, establishes strategies suited to it, and protects clients' rights.

In addition, Daeryun assists clients from multiple angles, including by providing 🔗protection services for clients' safety and the prevention of harm during the litigation.

If you are facing difficulties in a situation similar to the case above, please come to the Mokpo attorney and seek assistance.